BILL NUMBER: SB 434	CHAPTERED  07/23/99

	CHAPTER   162
	FILED WITH SECRETARY OF STATE   JULY 23, 1999
	APPROVED BY GOVERNOR   JULY 22, 1999
	PASSED THE SENATE   JULY 8, 1999
	PASSED THE ASSEMBLY   JUNE 28, 1999
	AMENDED IN ASSEMBLY   JUNE 28, 1999
	AMENDED IN ASSEMBLY   JUNE 24, 1999

INTRODUCED BY   Senator  Johnston

                        FEBRUARY 16, 1999

   An act to amend Section 51747.3 of, and to add Section 47612.5 to,
the Education Code, relating to charter schools.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 434, Johnston.  Charter schools.
   (1) Existing law, the Charter School Act of 1992, permits teachers
and parents to petition the governing board of a school district to
approve a charter school that would operate independently from the
existing school district structure.
   This bill would require a charter school to offer, at a minimum, a
specified number of minutes of instruction for the appropriate age
levels, to maintain written, contemporaneous records that document
all pupil attendance and to make these records available for audit
and inspection.  The bill would require a charter school to certify
that its pupils have participated in the state testing programs in
the same manner as other pupils attending public schools as a
condition of apportionment of state funding.  The bill would also
require a charter school that provides independent study to comply
with statutory requirements and implementing regulations adopted
thereunder that relate to independent study.  The bill would require
the State Board of Education to adopt regulations that apply these
provisions to charter schools, including regulations that concern the
qualifications of instructional personnel.  The new requirements for
charter schools described in this paragraph would impose a
state-mandated local program.
   (2) Existing law prohibits a local education agency from claiming
state funding for the independent study of a pupil, whether
characterized as home study or otherwise, if the agency has provided
any funds or other thing of value to the pupil or his or her parent
or guardian that the agency does not provide to pupils who attend
regular classes or to their parents or guardians.
   This bill would make this prohibition applicable to charter
schools and would prohibit a charter school from claiming state
funding for the independent study of a pupil, whether characterized
as home study or otherwise, if the charter school has provided any
funds or other thing of value to the pupil or his or her parent or
guardian that a school district could not legally provide to a
similarly situated pupil of the school district or to his or her
parent or guardian.
   (3) Existing law requires community school and independent study
average daily attendance to be claimed by school districts and county
superintendents of schools only for pupils who are residents of the
county in which the apportionment claim is reported or pupils who are
residents of a county immediately adjacent to the county in which
the apportionment claim is reported.
   This bill would apply this provision also to charter schools.
  (4) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 47612.5 is added to the Education Code, to
read:
   47612.5.  (a) Notwithstanding any other provision of law, a
charter school shall do all of the following:
   (1) Offer, at a minimum, the same number of minutes of instruction
set forth in paragraph (3) of subdivision (a) of Section 46201 for
the appropriate grade levels.
   (2) Maintain written contemporaneous records that document all
pupil attendance and shall make these records available for audit and
inspection.
   (3) Certify that its pupils have participated in the state testing
programs specified in Chapter 5 (commencing with Section 60600) of
Part 33 in the same manner as other pupils attending public schools
as a condition of apportionment of state funding.
   (b) Notwithstanding any other provision of law, a charter school
that provides independent study shall comply with Article 5.5
(commencing with Section 51745) of Chapter 5 of Part 28 and
implementing regulations adopted thereunder.  The State Board of
Education shall adopt regulations that apply this article to charter
schools.  To the extent that these regulations concern the
qualifications of instructional personnel, the State Board of
Education shall be guided by subdivision (l) of Section 47605.
  SEC. 2.  Section 51747.3 of the Education Code is amended to read:

   51747.3.  (a) Notwithstanding any other provision of law, a local
education agency, including, but not limited to, a charter school,
may not claim state funding for the independent study of a pupil,
whether characterized as home study or otherwise, if the agency has
provided any funds or other thing of value to the pupil or his or her
parent or guardian that the agency does not provide to pupils who
attend regular classes or to their parents or guardians.  A charter
school may not claim state funding for the independent study of a
pupil, whether characterized as home study or otherwise, if the
charter school has provided any funds or other thing of value to the
pupil or his or her parent or guardian that a school district could
not legally provide to a similarly situated pupil of the school
district, or to his or her parent or guardian.
   (b) Notwithstanding paragraph (1) of subdivision (d) of Section
47605 or any other provision of law, community school and independent
study average daily attendance shall be claimed by school districts,
county superintendents of schools, and charter schools only for
pupils who are residents of the county in which the apportionment
claim is reported, or who are residents of a county immediately
adjacent to the county in which the apportionment claim is reported.

   (c) The Superintendent of Public Instruction shall not apportion
funds for reported average daily attendance, through full-time
independent study, of pupils who are enrolled in school pursuant to
subdivision (f) of Section 48204.
   (d) In conformity with Provisions 25 and 28 of Section 2.00 of the
Budget Act of 1992, this section is applicable to average daily
attendance reported for apportionment purposes beginning July 1,
1992.  The provisions of this section are not subject to waiver by
the State Board of Education, by the State Superintendent of Public
Instruction, or under any provision of Part 26.8 (commencing with
Section 47600).
  SEC. 3.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.

